People claiming asylum based on their sexual orientation, including homosexuality and bisexuality, may form part of a “particular social group” which qualifies for protection under
From a child’s perspective, seven years of residence in the UK can be literally a lifetime. It may be the sum of all the child’s
Yesterday brought about a new immigration route for international sportspeople aged 16 or over wishing to enter the UK. It is intended to create a
The Brexit vote, the triggering of Article 50, the failed May deal, the Johnson capitulation, the legal exit at the start of 2020 and the
International students are worth billions to the UK economy in higher education fees and indirect expenditure, benefitting local communities financially as well as enriching them
The UK’s Global Talent visa went live in February 2020, replacing the Tier 1 (Exceptional Talent) route. Far more flexible than its predecessor, and with
The English language requirement can be generously viewed as the Home Office’s response to the biblical Tower of Babel story: society is undermined by its
The UK government’s policy is that Brexit will not affect Irish nationals at all. Other EU citizens have to apply for a new “settled status”
When the Modern Slavery Act 2015 was introduced, it was heralded by the government as a momentous piece of legislation which would “give protection to
After the Hardial Singh principles, the Adults at Risk policy is the most important source of law for securing the release of people from immigration
This post explains the Hardial Singh principles, which are the most important limitation on the Home Office’s immigration detention powers. The Hardial Singh principles take
Statement of changes HC877, of 11 March 2016, gave the Home Office yet another power to refuse applications for leave to enter or remain in
Sometimes a migrant here in the UK unlawfully will want to apply for immigration status. Lawyers and the Home Office often call this “regularising” their
See this article on applying for settled status after the deadline, which was on 30 June 2021. On 31 January 2020 at 11pm, the United
Following the Conservative Party’s victory in the December 2019 general election, and the passing of the Withdrawal Agreement Act on 23 January 2020, the UK
You would be forgiven for thinking there are some special rights or privileges attached to being a British citizen. Politicians are fond of telling us
The Tier 1 (Investor) visa allows foreign citizens to get permission to live in the UK in return for an investment of £2 million in
A story hit the news over the weekend of two-year-old Lucy, the child of British parents who has been told by the Home Office that
As I was reviewing John Vassiliou’s excellent piece on Hong Kongers with British National Overseas status last week, I realised that we’ve never put together
The cost of making an immigration or nationality application has risen extremely steeply in recent years. Annual increases of 20% or 25% per year became
People in immigration detention can make an application for Secretary of State bail directly to the Home Office. The Home Office has the same powers
When someone pursuing an appeal in the immigration tribunal decides that they no longer want the appeal to go ahead, who gets to decide when
People who do not have citizenship of any country in the world — the “stateless” — can get leave to remain in the UK because
It is a decade since the UK agreed to lift its immigration reservation to the UN Convention on the Rights of the Child, recognising that
In this blog post, Judith Reynolds, Research Associate at Cardiff University’s Centre for Language and Communication Research, offers immigration law practitioners some reflections and tips
Anybody over the age of ten who applies for registration or naturalisation as a British citizen needs to meet the so-called “good character requirement”. This
Migrants who would otherwise have no legal right to remain in the UK can appeal against their removal on the basis of their human rights.
If you are an EEA/EU citizen or their family member and wish to qualify for an EU law right of residence, then eventually a right
Claiming asylum can be a traumatic experience. Having to relive the worst events in your life while you undergo a series of interviews and hearings
In this post we are going to look at the requirements for children to obtain permission to enter and stay in the UK under Appendix
An adult who is not a British citizen can apply to become one. This process is known as naturalisation. People will normally be eligible to
In this post, we consider the type of evidence and information which should be gathered to support the appeal of a non-EEA national who has
The “Surinder Singh route” has become well known to British citizens seeking to be reunited with their family members. The toughening up of UK immigration
Claiming asylum is an important human right backed by the United Nations Refugee Convention and recognised by countries around the world. In order to make
The removal of full rights of appeal for family visit visas in 2013 has led to a legal dilemma for those considering a challenge to
There are a considerable number of asylum claims in the UK by young Afghan boys and men. The number should not be overstated, though. The
The recent case of Inga Lockton is the most high-profile recent example of growing problems that EU citizens and their families face with applying for
Back in January, we wrote about the case of Dr Syed Kazmi, a foreign doctor due to be removed from the UK because of a “HMRC
One of the interesting aspects of the ongoing national debate about Brexit is the prominent position occupied in the debate by the UK fishing industry.
Theresa May declared in an interview with the Telegraph in May 2012 that she wanted to create a “really hostile environment” for irregular migrants in the UK.
People claiming asylum based on their sexual orientation, including homosexuality and bisexuality, may form part of a “particular social group” which qualifies for protection under the Refugee Convention. In deciding whether to accept an asylum claim, part of the Home Office caseworker’s job is to assess the person’s overall credibility....
Yesterday brought about a new immigration route for international sportspeople aged 16 or over wishing to enter the UK. It is intended to create a simplified visa arrangement for elite and internationally established sportspeople and sports coaches. Does it achieve this? Yes, insofar as we no longer need to consult...
The Brexit vote, the triggering of Article 50, the failed May deal, the Johnson capitulation, the legal exit at the start of 2020 and the economic exit at the year’s end have all come and gone. On 30 June 2021 comes another milestone: the deadline for EU residents and their...
International students are worth billions to the UK economy in higher education fees and indirect expenditure, benefitting local communities financially as well as enriching them in non-economic terms. Being able to attract overseas students is crucial to the economic viability of many education providers, but only those with a sponsor...
The UK’s Global Talent visa went live in February 2020, replacing the Tier 1 (Exceptional Talent) route. Far more flexible than its predecessor, and with no cap on the number of people who can enter with this visa (why restrict talent!), it has fast secured its place as a badge...
The English language requirement can be generously viewed as the Home Office’s response to the biblical Tower of Babel story: society is undermined by its people’s inability to speak the same language. But as anyone who has ever had the misfortune to read Home Office guidance can attest, it is...
The UK government’s policy is that Brexit will not affect Irish nationals at all. Other EU citizens have to apply for a new “settled status” or risk losing their right to live and work in the UK after June 2021. But the government’s position is that Irish people, whether existing...
When the Modern Slavery Act 2015 was introduced, it was heralded by the government as a momentous piece of legislation which would “give protection to the victims who need it”. The Act introduced a reformed system for identifying, supporting and protecting victims of modern slavery or human trafficking in England...
After the Hardial Singh principles, the Adults at Risk policy is the most important source of law for securing the release of people from immigration detention. It provides a detailed framework for assessing the vulnerability of detainees and balancing vulnerability against the timetable for removal, the risk of absconding and...
This post explains the Hardial Singh principles, which are the most important limitation on the Home Office’s immigration detention powers. The Hardial Singh principles take their name from the case of R (Hardial Singh) v Governor of Durham Prison [1983] EWHC 1 (QB), an early immigration detention case. Lord Woolf...
Sometimes a migrant here in the UK unlawfully will want to apply for immigration status. Lawyers and the Home Office often call this “regularising” their status, because the person becomes a “regular” migrant within the rules rather than an “irregular” one outside the rules. One of the ways to do...
See this article on applying for settled status after the deadline, which was on 30 June 2021. On 31 January 2020 at 11pm, the United Kingdom left the European Union and entered a transition period, due to end on 31 December 2020. During this transition period, Europeans can continue to...
Following the Conservative Party’s victory in the December 2019 general election, and the passing of the Withdrawal Agreement Act on 23 January 2020, the UK has now left the European Union with a divorce deal. Under the deal, formally called the Withdrawal Agreement, there is a transitional period running from...
You would be forgiven for thinking there are some special rights or privileges attached to being a British citizen. Politicians are fond of telling us how great it is to be British and how it is a privilege not a right. Our government charges foreign nationals a small fortune to...
As I was reviewing John Vassiliou’s excellent piece on Hong Kongers with British National Overseas status last week, I realised that we’ve never put together an explainer on the right of abode. A quick Google search showed up no great explanations either, so I thought it was time to try...
The cost of making an immigration or nationality application has risen extremely steeply in recent years. Annual increases of 20% or 25% per year became standard, bringing the current cost of an application for indefinite leave to remain (aka settlement) to £2,389. The actual cost of processing such an application...
People in immigration detention can make an application for Secretary of State bail directly to the Home Office. The Home Office has the same powers as the immigration tribunal to grant bail and manage its conditions. Is it worth applying? An application to the Secretary of State for immigration bail...
When someone pursuing an appeal in the immigration tribunal decides that they no longer want the appeal to go ahead, who gets to decide when the appeal comes to an end? The person themselves, the tribunal, or the Home Office? In July 2017, Mr Justice McCloskey, President of the Upper...
It is a decade since the UK agreed to lift its immigration reservation to the UN Convention on the Rights of the Child, recognising that “migrant” children are, well, children too. Section 55 of the Borders, Citizenship and Immigration Act 2009 was enacted to this end, creating a duty for...
In this blog post, Judith Reynolds, Research Associate at Cardiff University’s Centre for Language and Communication Research, offers immigration law practitioners some reflections and tips for communicating with foreign language-speaking clients. As all legal practitioners are keenly aware, communicating effectively with clients is central to good legal practice. Being aware of...
Anybody over the age of ten who applies for registration or naturalisation as a British citizen needs to meet the so-called “good character requirement”. This is a mandatory requirement set out in the British Nationality Act 1981. Where a person is deemed by the Home Office not to be “of...
Migrants who would otherwise have no legal right to remain in the UK can appeal against their removal on the basis of their human rights. Usually they rely on Article 8 of the European Convention on Human Rights, which protects the right to private and family life. Article 8 is...
If you are an EEA/EU citizen or their family member and wish to qualify for an EU law right of residence, then eventually a right of permanent residence, you have to meet certain requirements. For some people — chiefly those not working or self-employed — one of those requirements is...
Claiming asylum can be a traumatic experience. Having to relive the worst events in your life while you undergo a series of interviews and hearings is bad enough. It is even worse when Home Office officials are highly sceptical about a young person’s account, based on a selective or mistaken...
In this post we are going to look at the requirements for children to obtain permission to enter and stay in the UK under Appendix FM. As we have seen in recent posts on the subject, Appendix FM (for “family members”) sets out the rules for non-EU citizens who want to...
An adult who is not a British citizen can apply to become one. This process is known as naturalisation. People will normally be eligible to apply for naturalisation under section 6 of the British Nationality Act 1981 if they meet certain requirements. These include residence requirements. The basic residence requirement...
In this post, we consider the type of evidence and information which should be gathered to support the appeal of a non-EEA national who has been made subject to an order for deportation. It is adapted from our full online training course on deportation law, available to Free Movement members....
The “Surinder Singh route” has become well known to British citizens seeking to be reunited with their family members. The toughening up of UK immigration rules in July 2012 – particularly the introduction of the minimum income rule with its labyrinthine documentary requirements, and the awful elderly dependent relative rules...
Claiming asylum is an important human right backed by the United Nations Refugee Convention and recognised by countries around the world. In order to make this right a reality in practice, countries like the UK have set up systems by which people must apply for asylum. In this way, asylum...
The removal of full rights of appeal for family visit visas in 2013 has led to a legal dilemma for those considering a challenge to a refusal: should they give up, re-apply, attempt a human rights appeal or launch an application for judicial review? The problem seems all the more...
There are a considerable number of asylum claims in the UK by young Afghan boys and men. The number should not be overstated, though. The latest immigration statistics show that Afghans are still outside the top five nationalities claiming asylum in the UK (excluding dependents). They also record that of...
The recent case of Inga Lockton is the most high-profile recent example of growing problems that EU citizens and their families face with applying for British citizenship. Ms Lockton lived in the UK for 39 years, was married to a British citizen and had British children. She was elected a...
Back in January, we wrote about the case of Dr Syed Kazmi, a foreign doctor due to be removed from the UK because of a “HMRC tax issue” disqualifying him from settlement. Since then, many more refusals of settlement applications by highly skilled migrants — declined because of discrepancies between...
One of the interesting aspects of the ongoing national debate about Brexit is the prominent position occupied in the debate by the UK fishing industry. I would venture to say that maritime immigration control is a topic infrequently encountered even by Free Movement readers, and with the current focus on...
Theresa May declared in an interview with the Telegraph in May 2012 that she wanted to create a “really hostile environment” for irregular migrants in the UK. In this blog post we look at the evolution of the hostile environment, consider what measures fall within the overarching policy and examine...
